Florida Statute 938.8 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 938
COURT COSTS

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F.S. 938.08

938.08 Additional cost to fund programs in domestic violence.—In addition to any sanction imposed for a violation of s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s. 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s. 784.083, s. 784.085, s. 794.011, or for any offense of domestic violence described in s. 741.28, the court shall impose a surcharge of $201. Payment of the surcharge shall be a condition of probation, community control, or any other court-ordered supervision. The sum of $85 of the surcharge shall be deposited into the Domestic Violence Trust Fund established in s. 741.01. The clerk of the court shall retain $1 of each surcharge that the clerk of the court collects as a service charge of the clerk’s office. The remainder of the surcharge shall be provided to the governing board of the county and must be used only to defray the costs of incarcerating persons sentenced under s. 741.283 and provide additional training to law enforcement personnel in combating domestic violence.

History.—s. 5, ch. 2001-50; s. 90, ch. 2019-167.

F.S. 938.08 on Google Scholar

F.S. 938.08 on CourtListener

Amendments to 938.08

Annotations, Discussions, Cases:

Cases Citing Statute 938.08

Total Results: 32

VKE v. State

934 So. 2d 1276, 2006 WL 1838948

Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 2185398

Cited 29 times | Published

was assessed a $201.00 surcharge pursuant to section 938.08, Florida Statutes. She pled guilty to two counts

VKE v. State

902 So. 2d 343, 2005 WL 1250783

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 1675050

Cited 16 times | Published

juvenile delinquency proceeding is empowered by section 938.08 and section 938.085 to assess surcharges of

SSM v. State

898 So. 2d 84, 2004 WL 2776878

District Court of Appeal of Florida | Filed: Dec 3, 2004 | Docket: 1448284

Cited 9 times | Published

imposed for a violation of ... s. 784.03...." § 938.08, Fla. Stat. (2004)[1] (emphasis added). On appeal

Brenton McNeil v. State of Florida

215 So. 3d 55, 42 Fla. L. Weekly Supp. 453, 2017 WL 1366131, 2017 Fla. LEXIS 828

Supreme Court of Florida | Filed: Apr 13, 2017 | Docket: 4684628

Cited 7 times | Published

convictions, resulting in costs of $603 pursuant to section 938.08, $453 pursuant to section 938.085, and $404

In Re Amendments to the Florida Rules of Criminal Procedure

26 So. 3d 534, 34 Fla. L. Weekly Supp. 629, 2009 Fla. LEXIS 1948, 34 Fla. L. Weekly Fed. S 629

Supreme Court of Florida | Filed: Nov 19, 2009 | Docket: 1117422

Cited 7 times | Published

with attached order. ____ $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic

KENNY FABRA AYOS v. STATE OF FLORIDA

275 So. 3d 178

District Court of Appeal of Florida | Filed: Jun 19, 2019 | Docket: 15798574

Cited 4 times | Published

the $201 domestic violence surcharge under section 938.08, Florida Statutes (2016), in Case No. 16-3306CF10A

State v. JC

916 So. 2d 847

District Court of Appeal of Florida | Filed: Aug 19, 2005 | Docket: 1187323

Cited 2 times | Published

refusing to assess surcharges of $201 under section 938.08, Florida Statutes (2004), and $151 under section

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

265 So. 3d 494

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207

Cited 1 times | Published

attached order. ___ $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic

V.K.E. v. State

934 So. 2d 1276, 31 Fla. L. Weekly Supp. 505, 2006 Fla. LEXIS 1475

Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 64845913

Cited 1 times | Published

these statutes. The Legislature mandated that section 938.08, *1294Florida Statutes (2005), apply “[i]n

SLG v. State

912 So. 2d 613, 2005 Fla. App. LEXIS 16363, 2005 WL 1842581

District Court of Appeal of Florida | Filed: Oct 14, 2005 | Docket: 1755670

Cited 1 times | Published

matters, from assessing the surcharge mandated by section 938.08, Florida Statutes (2004). Like S.S.M., S.L

David Drew Redman v. State of Florida

District Court of Appeal of Florida | Filed: May 23, 2025 | Docket: 70350384

Published

$201. This surcharge was appropriate under section 938.08, Florida Statutes (2023), which allows for

Bernard Pedreira v. State of Florida

District Court of Appeal of Florida | Filed: Oct 8, 2024 | Docket: 69234598

Published

count did not qualify for the assessment. See § 938.08, Fla. Stat. (2017). On remand, the trial court

CODY ENRRIQUEZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 10, 2023 | Docket: 67359011

Published

domestic violence surcharge on count II, as section 938.08, Florida Statutes (2020), does not encompass

BRIAN INGALLS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 14, 2020 | Docket: 18534804

Published

was not sentenced for an offense recited in section 938.08, Florida Statutes (2017). This cost must be

KENNY FABRA AYOS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 14752829

Published

the $201 domestic violence surcharge under section 938.08, Florida Statutes (2016), in Case No. 16-3306CF10A

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972

Published

attached order. $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic

Joseph Nelson West v. State of Florida

244 So. 3d 1208

District Court of Appeal of Florida | Filed: Jun 20, 2018 | Docket: 7224101

Published

committing battery. With convictions of this type, § 938.08, Florida Statutes, requires the imposition of

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Supreme Court of Florida | Filed: Feb 18, 2016 | Docket: 3037339

Published

attached order. $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic

In Re: Amendments to the Florida Rules of Criminal Procedure - Corrected Opinion

Supreme Court of Florida | Filed: Jan 21, 2016 | Docket: 3029854

Published

attached order. $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic

Dixon v. State

182 So. 3d 670, 2015 Fla. App. LEXIS 17424, 2015 WL 7302580

District Court of Appeal of Florida | Filed: Nov 20, 2015 | Docket: 60252801

Published

Florida Statutes (2014); $201, pursuant to ■ section 938.08, Florida Statutes (2014); and $303, pursuant

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

188 So. 3d 764, 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032

Supreme Court of Florida | Filed: Oct 29, 2015 | Docket: 3008264

Published

order. *781 _$201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic

McNeil v. State

162 So. 3d 274, 2015 WL 1071158

District Court of Appeal of Florida | Filed: Mar 13, 2015 | Docket: 60247467

Published

specified crimes. Among these statutes are section 938.08, Florida Statutes (2006), which imposes a $201

In re Amendments to the Florida Rules of Criminal Procedure

48 So. 3d 17, 35 Fla. L. Weekly Supp. 516, 2010 Fla. LEXIS 1610, 2010 WL 3701323

Supreme Court of Florida | Filed: Sep 23, 2010 | Docket: 60296528

Published

accordance with attached order. _ $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic

In Re Amendments to Florida Rules of Criminal Procedure 3.704 & 3.986

22 So. 3d 1, 34 Fla. L. Weekly Supp. 509, 2009 Fla. LEXIS 1454, 2009 WL 2878103

Supreme Court of Florida | Filed: Sep 10, 2009 | Docket: 1639616

Published

accordance with attached order. ___ $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic

Stempler v. State

955 So. 2d 654, 2007 Fla. App. LEXIS 7048, 2007 WL 1342500

District Court of Appeal of Florida | Filed: May 9, 2007 | Docket: 64850441

Published

Constitution of the United States because although section 938.08, Florida Statutes, became effective prior to

W.L.B. v. State

947 So. 2d 1211, 2007 Fla. App. LEXIS 957, 2007 WL 187731

District Court of Appeal of Florida | Filed: Jan 26, 2007 | Docket: 64848780

Published

domestic violence surcharge imposed pursuant to section 938.08, Florida Statutes (2005). V.K.E. v. State,

S.P. v. State

936 So. 2d 713, 2006 WL 2347788

District Court of Appeal of Florida | Filed: Aug 11, 2006 | Docket: 64846323

Published

his probation a surcharge of $201 pursuant to section 938.08, Florida Statutes (2005), to fund programs

State v. J.C.

916 So. 2d 847, 2005 Fla. App. LEXIS 12792

District Court of Appeal of Florida | Filed: Aug 19, 2005 | Docket: 64841398

Published

refusing to assess surcharges of $201 under section 938.08, Florida Statutes (2004), and $151 under section

S.L.G. v. State

912 So. 2d 613, 2005 Fla. App. LEXIS 12203, 2005 WL 1842581

District Court of Appeal of Florida | Filed: Aug 5, 2005 | Docket: 64840636

Published

matters, from assessing the surcharge mandated by section 938.08, Florida Statutes (2004). Like S.S.M., S.L

V.K.E. v. State

902 So. 2d 343, 2005 Fla. App. LEXIS 8060

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 64838431

Published

juvenile delinquency proceeding is empowered by section 938.08 and section 938.085 to assess surcharges of

S.S.M. v. State

898 So. 2d 84, 2004 Fla. App. LEXIS 18304

District Court of Appeal of Florida | Filed: Dec 3, 2004 | Docket: 64837323

Published

imposed for a violation of ... s. 784.03.... ” § 938.08, Fla. Stat. (2004)1 (emphasis added). On appeal

Amendments to the Florida Rules of Criminal Procedure

886 So. 2d 197, 29 Fla. L. Weekly Supp. 568, 2004 Fla. LEXIS 1746, 2004 WL 2248209

Supreme Court of Florida | Filed: Oct 7, 2004 | Docket: 64834033

Published

a check-off provision for “$201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic